Council application results in Coro Mainstreet liquidation
Council application results in Coro Mainstreet
liquidation
Coromandel Main Street Incorporated
(Coro Mainstreet) has been placed into liquidation following
its failure to pay costs over court proceedings involving
the redevelopment of the Coromandel Four Square
Store.
Both a High Court and a judicial review rejected Coro Mainstreet's case against our Council over a decision not to notify Foodstuffs resource consent for a Four Square shop in the commercial zone of Coromandel Town.
The court ordered Coromandel Mainstreet to pay costs of $28,000 to our Council and the National Trading Company of NZ (Foodstuffs NZ).
"This has still not been paid and the deadline for payment has long passed," says David Hammond, Thames-Coromandel Chief Executive. "We've now appointed a liquidator to recover the costs which is pursuing the Incorporated Society and not any individual," says Mr Hammond.
These proceedings will be heard at the High Court in Hamilton later this year. Meanwhile Foodstuffs is committed to continuing with the redesign of the Four Square at Coromandel Town. A start date for works to commence is yet to be determined.
Timeline of Events
2012
• The National Trading Company
applies for resource consent to demolish a motel building in
Coromandel Town and construct a new Four Square grocery
store. TCDC grants the resource consent, which is not
publically notified. 2013
• Coromandel Main Street
pursues a judicial review. The issue is whether the TCDC
officer who made the decision not to notify the resource
consent application had sufficiently adequate and reliable
information before them on which to make the decision not to
notify lawfully. In particular, Coro Mainstreet contends
that the report of an independent heritage assessor did not
provide the decision maker with adequate and reliable
information concerning the effects of the proposed Four
Square on the environment.
• March. The judicial review
concludes the decision not to notify the resource consent
was not an error of law, all relevant considerations were
taken into account and sufficient information was provided
for. Judge Wylie also concluded the decision not to notify
the consent was not unreasonable and Coro Main Street should
pay costs of $21000 to the Thames-Coromandel District
Council. Costs were also awarded to the National Trading
Company. (Foodstuffs).
• April. Coro Main Street launch
proceedings in the Court of Appeal through an application
for stay in respect of costs. This latest round of
litigation comes at a cost of around $30,000 and is paid for
by the Ministry for the Environment's legal assistance
fund.
• October. Court of Appeal Hearing. Reserved
decision.
• December. Decision
released.
2014
• February. The deadline for
Coromandel Main Street to pay costs to TCDC and
Foodstuffs
• May/June. Our Council appoints a
liquidator to recover costs from Coro Main Street
Incorporated